International Trade

  • November 20, 2014

    Ex-PetroTiger Counsel Disbarred For Role In Bribery Scheme

    A New York state appeals court on Thursday ruled to disbar the former general counsel of PetroTiger Ltd. for a federal felony conviction stemming from his role in a scheme to bribe a Colombian official in exchange for approval of a $39 million oil services contract.

  • November 20, 2014

    Roche Wins Ruling At Fed Circ. On BetaTab Provitamin Imports

    The Federal Circuit on Thursday backed a U.S. Court of International Trade ruling that customs authorities had incorrectly classified imports of a Roche Vitamins Inc. beta-carotene diet supplement, siding with the company's contention that the product is a provitamin for general use.

  • November 20, 2014

    CIT Keeps Alive Fight Over Duty Rates On Chinese Solar Cells

    The U.S. Court of International Trade on Thursday rejected a flurry of challenges to the U.S. Department of Commerce's anti-dumping duty rate applications in a dispute over Chinese solar cell imports, but ordered the agency to take another look at four companies with government ties in Beijing.

  • November 20, 2014

    Goldman Denies Metals Market Wrongdoing Before Senate

    Representatives for Goldman Sachs Group Inc. and Metro International Trade Services LLC told members of the Senate Permanent Subcommittee on Investigations on Thursday that the companies haven't improperly benefited from Goldman's purchase of Metro and subsequent activity in the aluminum storage market.

  • November 20, 2014

    Manufacturers Seek To Revive Lapsed Tariff-Slashing Bill

    The National Association of Manufacturers on Wednesday renewed its call for the U.S. Congress to swiftly pass a new version of the Miscellaneous Tariff Bill that cuts import duties on hundreds of products, asserting that businesses have suffered significantly since the measure lapsed nearly two years ago.

  • November 19, 2014

    Archer Daniels Pops Syngenta With GMO Corn Suit

    Archer Daniels Midland Co. on Wednesday joined a string of corn exporters to sue Syngenta Corp. alleging China rejected their products because Syngenta "tainted" the U.S. corn supply with genetically modified seed before China gave import approval, effectively shutting American farmers out of the Chinese corn market.

  • November 19, 2014

    Global Sugar Growers Skeptical Of US-Mexico Cease-Fire

    Sugar producers in Australia and Brazil have come out against pending agreements to settle a U.S.-Mexico trade fight, fearing that the deal will have a catastrophic effect on their access to the lucrative U.S. market, according to documents released by the U.S. Department of Commerce on Tuesday.

  • November 19, 2014

    EU Trade Official Continues Effort To Unmask TTIP Talks

    Newly minted European Union Trade Commissioner Cecilia Malmstrom on Wednesday announced that her office will bolster European Parliament members' access to certain Transatlantic Trade and Investment Partnership negotiating documents as part of the ongoing effort to improve the transparency of the talks.

  • November 19, 2014

    Robbins Geller FOIA Suit Puts Pressure On Wal-Mart

    Robbins Geller Rudman & Dowd LLP's bid for documents from the government's probe into alleged foreign bribery by Wal-Mart Stores Inc. will likely be trumped by a powerful exemption to the Freedom of Information Act, but experts say the suit ramps up pressure on the retailer to be more transparent with shareholders.

  • November 19, 2014

    Ex-Im Bank, India Ink $1B Clean Energy Export Deal

    The U.S. Export-Import Bank has inked a deal with India’s renewable energy development agency that could provide up to $1 billion to finance the sale of U.S. clean energy exports to the South Asian country, it said Tuesday.

  • November 19, 2014

    Expect More FCPA Cases Against Individuals, DOJ Warns

    Assistant Attorney General Leslie R. Caldwell said on Wednesday that the U.S. Department of Justice will continue to turn its Foreign Corrupt Practices Act prosecution efforts toward individual wrongdoers rather than companies at large, praising foreign governments and partners for helping root out bad actors.

  • November 18, 2014

    Finnegan Blasts 'Surprise' $2M Sanction In Dow IP Suit

    Finnegan Henderson Farabow Garrett & Dunner LLP has argued that it should be allowed to defend itself against an International Trade Commission judge’s “surprise” sanction of $1.95 million in attorneys' fees and costs against the firm and its client for destroying and manipulating evidence.

  • November 18, 2014

    New EU Trade Chief Says TTIP Must Benefit Consumers

    The new European Union Trade Commissioner Cecilia Malmstrom on Tuesday rebuffed criticisms that the Transatlantic Trade and Investment Partnership will only serve the interests of large multinational corporations, while standing by the exclusion of EU rules on genetically modified organisms and other public interest measures from the deal.

  • November 18, 2014

    Ryan Selected To Chair House Ways And Means Committee

    House GOP leaders on Tuesday selected Rep. Paul Ryan, R-Wis., to head the powerful House Ways and Means Committee starting next year, anointing him one of his party’s leaders on tax policy, entitlement programs and trade.

  • November 18, 2014

    FTC Settles 'Made In USA' Labeling Oversight Claims

    The U.S. Federal Trade Commission announced Tuesday it has ended its allegations that a company licensing a “Made in USA” certification seal indiscriminately approved the seal for marketers without making sure their products were actually made in America, announcing a settlement that barred future deception.

  • November 18, 2014

    Fed. Circ. Backs CIT Classification Of Plastic Food Packaging

    The Federal Circuit on Tuesday upheld a U.S. Court of International Trade ruling classifying shipments of a hybrid laminate food packaging material as plastic, vanquishing an Indiana importer's bid to earn duty-free entry for the products under the tariff heading for aluminum.

  • November 18, 2014

    WTO Dispute Roundup: Brazil Tax, India Agro Hit Hurdles

    In Law360's latest recap of the World Trade Organization Dispute Settlement Body's monthly deliberations, Brazil blocks the European Union's effort to advance a case challenging its import fees and internal tax schemes, while the U.S. and India agree to hit pause in their ongoing fight over New Delhi's agricultural barriers.

  • November 18, 2014

    DC Circ. Will Rehear SEC Conflict Mineral Ruling

    The D.C. Circuit has agreed to reconsider a decision that the U.S. Securities and Exchange Commission cannot force companies to disclose when their products contain conflict minerals, in light of the same circuit's recent ruling upholding U.S. Department of Agriculture country of origin labeling rules.

  • November 18, 2014

    Bank Of Tokyo-Mitsubishi Owes $315M For Sanction Violations

    The New York Department of Financial Services on Tuesday slapped Bank of Tokyo Mitsubishi UFJ with an additional $315 million penalty for allegedly misleading regulators about its transactions with Iran, Sudan and other entities under U.S. sanctions.

  • November 17, 2014

    Hershey Nears Win In IP Suit Against Importer Of UK Candy

    A California federal judge on Monday said he is likely to rebuff a candy importer’s bid to escape a permanent ban on selling Mars Inc. and Nestle SA-produced sweets that the Hershey Co. contends infringe its marks.

Expert Analysis

  • Wind River Case May Signal Change For Encryption Exports

    Grayson Yeargin

    The recent settlement between the U.S. Department of Commerce’s Bureau of Industry and Security and Wind River Systems Inc., a subsidiary of Intel Corp., may indicate that BIS is tightening the reins on encryption exports. It is also a cautionary tale for companies engaging in mergers and acquisitions with exporters of software products containing encryption, say Grayson Yeargin and Emily Crandall Harlan of Nixon Peabody LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • Tips For Dealing With Competing IPR And ITC Deadlines

    James Dowd

    For parties that are litigating in the U.S. International Trade Commission under Section 337, the existence of a co-pending inter partes review proceeding can give rise to competing timelines, and potentially conflicting outcomes, with a variety of strategic consequences, say James Dowd and Jacob Oyloe of WilmerHale.

  • Where Lawyers Impact The Triple Bottom Line

    John Page

    Legal departments are not bystanders in corporate social responsibility efforts. They ensure compliance, infuse ethics into the decision-making process, weigh legal risks and protect the company’s reputation. With increasing business actions to address social issues, it is time for the legal community to get more involved, says John Page, chairman of the board of directors for the Association of Corporate Counsel and chief legal of... (continued)

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.

  • Takeaways From Report On Global Anti-Bribery Enforcement

    Sean Hecker

    While Transparency International’s 10th annual progress report on global enforcement of the Organization for Economic Cooperation and Development’s Anti-Bribery Convention is a useful reminder of the still-nascent stage of many cross-border anti-bribery regimes, compliance professionals should not rely too heavily on the country-by-country assessments, say attorneys with Debevoise & Plimpton LLP.

  • DOJ Suggests FCPA Successor Liability For Stock Purchases

    Taylor J. Phillips

    The U.S. Department of Justice’s second Foreign Corrupt Practices Act opinion procedure release of the year reemphasizes the department’s position on successor liability, but in doing so, appears to assert that there can be FCPA successor liability even in stock purchases — a position that may surprise some transactional attorneys, say attorneys with Bass Berry & Sims PLC.

  • When Do Tribal Leaders Create FCPA Liability?

    T. Markus Funk

    One of the many definitional challenges facing Foreign Corrupt Practices Act practitioners worldwide is under what circumstances traditional authorities, who routinely exercise considerable influence over business matters, qualify as “foreign officials.” This is a particularly apt question for companies seeking to pursue mining interests in Canada, say T. Markus Funk and Barak Cohen of Perkins Coie LLP.

  • ITC Trends Medical Device Companies Should Know About

    Shara L. Aranoff

    While observers were focused on the rapid rise of smartphone-related Section 337 litigation and its sudden fall-off after 2011, the number of U.S. International Trade Commission cases involving medical devices has quietly doubled, with almost one case in every 10 featuring a medical device, says Shara L. Aranoff, counsel with Covington & Burling LLP and former chairwoman of the ITC.

  • The Latest Life Sciences Company To Make FCPA Headlines

    Gary Giampetruzzi

    As reflected by the recent $55 million Bio-Rad Laboratories Inc. settlement, life sciences companies remain at risk of enhanced Foreign Corrupt Practices Act scrutiny by the U.S. government. The Bio-Rad case teaches us important lessons about some essential compliance measures that every company should have in place, say attorneys with Paul Hastings LLP.